From Visa To Green Card: Navigating The Adjustment Of Status In California

In this article, you can discover…

• What it means to adjust your status.
• Who is eligible for an adjustment.
• What to avoid doing when seeking a status adjustment.

What Does It Mean to Adjust Status From A Visa Holder To A Permanent Resident?

To adjust your status means that you have legally gone from being a non-immigrant to an immigrant. For example, if you enter the US with a tourist visa and marry a US citizen while here, you have entered as a non-immigrant tourist, but now, after marriage, you become a permanent resident. 

An adjustment of status is also known as “getting a green card”, and is a lengthy process wherein the help of an immigration attorney is best.

Who Is Eligible for Adjustment Of Status?

1. People who entered the United States lawfully on a visa (e.g., a work visa, tourist visa, or student visa) are typically eligible for an adjustment of status.
2. Certain people who did not enter lawfully but had a petition filed for them before April 30th, 2001, can qualify for an adjustment of status after paying a fine.
3. You can also apply for an adjustment of status if you have a child, spouse, or parent who served or is serving in the US military. This is true even if you entered illegally before, as the US government wishes to support military families.

If you fall into one of these three categories, you are able to apply for a green card right here in the US without having to return to your country of origin. 

What Forms Are Required for The Adjustment of Status Application?

The main form is the i-485. This is the main form filled out by all applicants. Other forms you will need to fill out and submit depend upon your unique situation, and the means through which you are seeking an adjustment of status. 

You may also need to fill out a family petition from a spouse or child and most applicants need an affidavit of support from a US citizen sponsor agreeing they can support you, if need be, for the next 10 years. 

Typically included are an application for a work permit while your case is being decided. You may also want to apply for a travel permit to be able to leave the country if need be. 

How Long Does the Adjustment of Status Process Typically Take?

Generally, the adjustment process will take at least six months. Some unique cases come back in as little as three or four months. Other cases take longer, up to a year or a year and a half. It varies considerably based on the circumstances of your case and application, but typically, expect to wait at least six months for your case to be finalized.

Attorney Eloy Aguirre is a hard-working, caring immigration attorney serving California. For nearly 10 years, he’s helped clients just like you become permanent residents and even complete the citizenship journey with greater confidence and tailored help.

Have questions about an adjustment of status?
Reach out to The Law Office of Eloy Aguirre at (626) 900-1714 for an initial consultation today!

What Are the Costs Typically Associated With Adjusting My Status In California?

Adjusting your status can be expensive. The i-485 application alone costs $1,440 to file, and other forms cost $500 to $600 to file. Depending on the case, you can expect to pay between $2,000 and $3,000 in government fees to file your application forms. 

Missing documents can cause an entire packet of forms to be rejected, and the government can be very unforgiving on these matters. For this reason, even with the higher up-front costs needed to hire an attorney, making sure this process is done completely and carefully is worth saving you a terrible disappointment due to an unchecked box or a missing document. 

When My Case is Denied for Adjustment Of Status, Can I Apply Again?

In most cases, you can reapply. There is an appeal process and a reconsideration process that can be helpful. The appeal process costs roughly $900 to file. 

You can also appeal a denial, which tends to be a much faster process. Be aware, though, that the window to appeal is only 30 days from the denial date. Once that date has passed, you are forced to reapply all over again and repeat the process. 

What Are Some Of The Common Reasons That An Adjustment Of Status Application Might Be Denied?

Common reasons for denial include not listing the full number of times you entered and exited the US on your application. Being here without a visa for overstaying your visa can have severe consequences, as well. Not responding to requests for evidence or not responding in time can also cause a denial. 

Marrying a permanent resident instead of a citizen, likewise, does not qualify you for an adjustment of status. 

In that case, you may wind up paying thousands of dollars and not even be eligible for the program, and that money is non-refundable. It’s best to be absolutely sure you qualify in the first place and get the help of a seasoned lawyer. 

What Happens After My Adjustment Of Status Is Approved?

Being approved means that you are now a permanent resident. The next step in your case will likely be naturalization when you become a US citizen. You may have to wait three to five years to apply for naturalization, but it’s a big, positive step that I encourage you to apply for once you’re able to do so. 

Citizenship offers far more security, better protections, and the pride and happiness of knowing that you’ve made it! 

One of my favorite things to do is to accompany my clients full circle, from getting a visa to adjusting their status all the way through naturalization. That’s a wonderful journey that I’ve handled for many clients, and I would be happy to help you achieve this, too. 

Is There One Case That Comes To Mind That Was Really Positive For You As An Attorney?

There was one client in particular who had a lot of trust in me because I helped him get his green card, but he was not able to complete the process here. He had to interview in his home country, so he hired me for the waiver that he needed to get his case approved and then for the interview abroad, and then he hired me to do his naturalization after enough time had gone by. 

After that, once he became a US citizen, he was able to help his parents, so he hired me to do the case for his parents, and then I was able to adjust their status. I just appreciated how much trust he had in me and that I was able to help not just him, but also his parents.

For more information on Navigating The Adjustment Of Status In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 900-1714 today.